Name of the Case : D. C. Wadhwa vs. State of Bihar
Year of Judgement : 1986
Popular Name : -
Related Topic/ Issue : Ordinance-making power of the Governor
Related Article/ Schedule : 213
Supreme Court Judgement:
The Supreme Court highlighted a concerning trend between 1967 and 1981, where the Governor of Bihar issued a staggering 256 ordinances, often extending their validity through repeated re-promulgations ranging from 1 to 14 years. It unequivocally stated that such a practice undermined the legislative authority of the State Legislature, constituting a "subversion of the democratic process" and a "fraud on the constitution."
The Court emphasized that the power to issue ordinances is reserved for addressing extraordinary situations and should not be manipulated for political motives. It declared the re-promulgated Bihar Intermediate Education Council Ordinance, 1985, as unconstitutional and invalid, setting a precedent against the misuse of ordinance-making powers.
Impact of the Judgement:
This judgement clearly exposed the fact that the ordinance-making power can be misused by the executive government.
